|
Privacy
This Privacy Policy
describes the terms of our commitment to your privacy.
PERSONS OR
PARTIES COVERED This
Privacy Policy is intended to cover all visitors to this website, all
subscribers to lists or newsletters whether paid or unpaid, all members
or affiliates whether paid or unpaid, and all customers.
Persons
who visit or view this website, whether intentionally or
unintentionally, whether solicited or unsolicited, are described herein
as "Visitors" and are parties to this Privacy Policy.
Subscribers
to lists or Newsletters are referred to herein as "Subscribers" and are
parties to the Privacy Policy. Persons who join an
organization
or marketing endeavor (e.g. "affiliates") promoted by this website are
called "Members" herein and are covered by this Privacy
Policy.
Finally, anyone who orders, attempts to order, or receives a product
sold (recipients) or advertised on or delivered from this website, even
at no cost, is called a "Customer" herein and is subject to this
Privacy Policy not only by passive acceptance, but by virtue of the
Purchase Agreement contract. The website, its agents, owners,
operators, and employees are referred to collectively herein as
"Website," "Site," and/or "Seller".
PERSONS
EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
In the event that a
person excluded
from this website because of the Terms of Use or from denial of service
by the website, who nonetheless unlawfully views this site, that person
remains subject to the terms of this Privacy Policy and is in violation
of the Terms of Use.
PERSONS
UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This website is
not lawfully
accessible to persons under the age of 18 or who are otherwise covered
by the provisions of the Child Online Privacy Act of 1998
(COPA).
If you are under the age of 18 you must leave this site
immediately. Fraudulent use of this website may make you
subject
to civil or criminal sanctions.
VIEWING
AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS
OF THIS POLICY
Acceptance of the terms
of this
Privacy Policy is a portion of the consideration required for your
right to visit the website. If you do not accept these terms,
you
have no right to visit this site and you are fraudulently using this
site.
A NOTE TO
CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 --OPPA)
It is the intent of the
Privacy Policy
to comply with the California Act. Various provisions
throughout
this Privacy Policy address requirements of the act. In
summary,
you must presume that we collect electronic information from all
visitors. This is not usually personally
identifiable. If
you purchase a product or service via this website (and thereby become
covered by the Act), the purchase agreement you electronically sign
prior to purchase allows the website to collect and archive all the
personal information you provide and to transmit and/or transfer that
personal information to third parties. There is no way you
can
modify this information and you have no right to do so. Under
the
terms of the purchase agreement, you have no right to view or receive
any information about our database. In the event that the
website, under advice of counsel agrees to divulge information, the
requesting party must submit whatever information is demanded by the
website in insure that the website is releasing information to the
correct party. Other provisions of the OPPA may exempt this
website from complying. While we take measures to ensure that
outside parties do not have access to any information we have about
you, we do not warranty that outside parties will not breach our system
and thus have access to your information. (You should know
that
merchant service providers do not allow us access to your credit card
information.) This Privacy Policy also is subject to change
without notice. You are required to read it prior to using
the
website. By interacting with the website you agree to the
terms
and conditions of the Privacy Policy. By using the website or
purchasing a product through this website, you waive the right to use
state or federal court systems to address complaints and, instead,
agree to use the American Arbitration Association located in a city and
county specified herein.
ABOUT THE
PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely
collects
information about its visitors, subscribers, members, and
customers. This information is obtained in various ways, such
as:
VISITOR,
SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION'
Registration means that
the Visitor,
Subscriber, Member or Customer takes active, positive steps to
communicate information to this website. This can include
pages
or 'pop ups' where you register for a newsletter or subscribe to a
mailing list; it can include your participation in visitor surveys; it
can include requesting information from the website via email, mail, or
courier; it may be from joining an affiliate program or other
membership organization, paid or unpaid; it may be from ordering a
product.
Occasionally complete
credit card
information may be provided to the website via fax or a fill-in form
rather than regular secure merchant service processing. This
information is kept at the highest level of security and is never
divulged to anyone except the merchant service provider or for the
purpose of communication with the customer.
ONLINE
ORDERING
Online ordering via SSL
encrypted
communication provided by shopping cart services supporting merchant
service companies like Visa and Master Card provides information to the
website but does not provide complete credit card numbers. In
the
process of online ordering, the customer provides, name, address, city,
state, email address, phone number, CVV2 (back of card) number, and,
occasionally a member password. You should consider all this
information available to the website. This information is
used to
deliver the product, but under the Purchase Agreement you also approve
its use for general solicitation purposes.
VISITOR
EMAIL INQUIRIES
Website visitors who wish
to
communicate with the website do so under two conditions: one,
they give their permission for contact by the website; two, they are
subject to any ‘submission’ provisions of the Terms
of Use,
Purchase Agreement, or this Privacy Policy. While your email
address may or may not be used to solicit you, it is added to the
website's general solicitation database.
CUSTOMER
EMAIL OR TESTIMONIALS
If you are a customer and
send an
email to the website, or if you communicate with the site by phone or
mail, the website collects information about your communication and by
communicating with the site you give your permission to collect,
archive, retrieve, and otherwise use any information collected as the
site sees fit.
Any communication which,
in its sole
discretion, the site deems to be a testimonial, may be publicized for
commercial purposes.
INFORMATION
OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE
ADVERTISERS
Visitors clicking on
banners or
pop-ups or hyperlinked advertising, appearing on this website must
assume that information is being collected about them. This
site
is not responsible for the use of information collected in such a
fashion. Visitors must assume that (1) information will be
collected, (2) that ‘cookies’ will usually be
placed on
their hard drive, (3) that website does not have any control over what
happens with this information, (4) that website takes no responsibility
over the accuracy or content of advertisers, (5) that website is not
responsible for downloads from third party advertisers that contain
viruses or worms or other computer code that causes their computer or
software harm, and (6) that website assumes no responsibility for the
data that is garnered from the click itself or that the advertiser
collects.
INFORMATION
OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an
email from
this site or if you send the url or one of our web pages to a friend,
you must assume that some data is collected about your IP address or
your email address and that of your friend. You must assume
that
referred emails or web pages may appear to come from your
email.
You must accept fully responsibility for referring pages or email to a
friend and agree to indemnify this site for any damage, intentional or
unintentional that results from said referrals.
INFORMATION
OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless otherwise
specified in the
survey, you must assume that any information provided to the website as
part of a survey in which you participate may be used for general
solicitation for commercial purposes and that such information will be
shared with joint venture partners, affiliates, marketing organization
or used by the site itself for product design or solicitation purposes.
INFORMATION
OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'
Many websites, including
this one,
collect information about your computer, your email address, your IP
address. You must assume that your web-viewing or web-use
activity is monitored, tracked, and information collected.
This
information is not usually of a personal nature, but it may help define
your viewing habits and product preferences even though the website may
or may not have any idea who you are.
"Cookies" is web jargon
for bits of
computer code placed on your hard drive. Websites use this to
keep you 'logged in', to keep track of search criteria, to monitor use,
to password protect use of the site or use of products sold by the
site. Cookies can also be used to obtain information about
your
computer configuration or your use of your computer.
Cookies can be used to
electronically
gather information about you. Again, it may or may not be
personal information, but it is information and by using this site you
are expressly giving permission to use 'cookies' and to use the
information gathered from their use to benefit you. You also
give
permission to collect, archive, retrieve, and use any information
collected for product design, product offers to you, and general
commercial solicitation purposes by this site or joint venture
partners, affiliates, and marketing organizations.
HOW
INFORMATION MAY BE USED
The use of information as
described
below may or may not be how information that is collected is
customarily used by this site. While actual use of any
information collected may be used quite conservatively, you must assume
that it is not. You must assume that information collected is
shared with other persons or entities for commercial
purposes.
While this may or may not occur, you must assume that it is as you make
your decision whether or not to view or interact with this
website. This type of shared information may include your
name,
address, phone number, email address and buying habits, as well as
other information. This information may be used for general
commercial solicitation by this website or other persons it is sold to,
rented to, or shared with.
INFORMATION
THAT IS NOT SHARED
Credit card information
or other
financial information is not usually known to the website.
However, in the event that it is made known, that information is never
revealed to anyone except to processing authorities or law enforcement
agencies. However, the provider of such information gives
express
permission to use it in fraud investigation or for litigation.
BULLETIN
BOARDS AND PUBLIC FORUMS
Visitors, subscribers,
members, or
customers who use any site provided bulletin boards or other public
forums, such as chat rooms, do so at their own risk. You may
not
assume that the site monitors these services or protects you in any
manner from information you post publicly or share with anyone else via
these services.
SPAM
By providing to this
website
information that forms the basis of communication with you, such as an
email address, you waive all rights to file complaints concerning
unsolicited email or spam from this website since, by providing such
information, you agree to receive communication from us or other
marketing organizations. However, all email communication
with
you shall contain an 'unsubscribe' link where you may notify the
website that you no longer wish to receive solicitations or information
from the website and your name will be removed from the general
solicitation database.
DATA
SECURITY
This website takes
measures to protect
its data that contains information related to you. However,
as a
consideration for viewing this site or interacting with this site in
any manner, you waive all claims of any nature against this site
concerning the loss, alteration, or misuse of information.
You
must assume that it is possible for your personal data to be obtained
by others, such as "hackers," and used in an inappropriate manner that
may cause you harm and that you agree that the site is not responsible
for damages to you.
REVISIONS
TO THIS PRIVACY POLICY WITHOUT NOTICE
This Privacy Policy is
dynamic.
It will continually change. You may not assume that it
remains
the same and you agree to check the policy each time you visit the site
for changes. Unless, in the sole opinion of the website, this
policy changes so drastically as to suggest a posted notification on
the site or via email, you will receive no notification of changes to
this Privacy Policy nor, under any circumstances, does this site
promise notification. Your continued use of this site always
evidences your acceptance of the terms this Privacy Policy or any
modifications.
DISPUTES
As part of the
consideration that the
Website requires of the Visitor to view, use, or interact with this
site, Visitor agrees to use binding arbitration for any claim, dispute,
or controversy ("CLAIM") of any kind (whether in contract, tort or
otherwise) arising out of or relating to this purchase, this product,
including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be
conducted
pursuant to the rules of the American Arbitration Association, which
are in effect on the date a dispute is submitted to the American
Arbitration Association. Information about the American
Arbitration Association, its rules, and its forms are available from
the American Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New York, 10017-4605. Hearing will take place in the
city
or county of the Seller.
In no case shall the
Visitor have the
right to go to court or have a jury trial. Visitor will not
have
the right to engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a representative
or member of any class of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will final and binding with
limited rights of appeal.
The prevailing party
shall be
reimbursed by the other party for any and all costs associated with the
dispute arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION
AND VENUE
If any matter concerning
this purchase
shall be brought before a court of law, pre- or post-arbitration,
Visitor agrees to that the sole and proper jurisdiction to be the state
and city declared in the contact information of the web owner unless
otherwise here specified. In the event that litigation is in a federal
court, the proper court shall be the closest federal court to the
Seller's address.
APPLICABLE
LAW
Visitor agrees that the
applicable law to be applied shall, in all cases, be that of the state
of the Website owner(s).
|